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(영문) 서울중앙지방법원 2019.02.19 2018고단5761

사기

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 2013, 2013, the Defendant stated that “In order to know well about the head of the Yeongdeungpo-gu Art. 48-gu Art. 48 in Seoul Special Metropolitan City’s 4th floor, the Defendant would receive the down payment after the completion of the construction work and make the managing director of the company pay the down payment to the victim D (the age of 58) in the C office operated by the Defendant on the fourth floor of the Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant would be able to receive construction works in our company, and there is a need for entertainment expenses, such as meal expenses.”

However, the defendant thought that he would use the money received from the victim to pay his personal debt, and C did not engage in the Yeongdeungpo-gu redevelopment project, and since the defendant did not have any specific property, there was no intention or ability to pay the money even if he borrowed money from the victim.

The Defendant received from the victim’s wife E a total of KRW 41.5 million, including KRW 1 million on November 17, 2013, KRW 40 million on November 18, 2013, and KRW 51.5 million on November 29, 2013.

2. On December 2013, 2013, the Defendant, at the office listed in Paragraph 1, around December 2013, 2013, told the victim that “In order to start the construction project for the construction project for the Yeongdeungpo-gu Art. 1, the Defendant borrowed the company’s average balance at the end of the year of the company lent to the company. In order to use the cryp, the Defendant borrowed the interest rate of KRW 30 million. When lending, the Defendant would first borrow the cryp around January 30, 2014, including KRW 41.5 million.”

However, the defendant thought that he would use the money received from the victim to pay his personal debt, and C did not engage in the Yeongdeungpo-gu redevelopment project, and since the defendant did not have any specific property, there was no intention or ability to pay the money even if he borrowed money from the victim.

The Defendant was transferred from the victim’s wife E and H through the victim’s wife E and branch H to the Defendant’s F account in the name of the Defendant as indicated in paragraph 1. < Amended by Act No. 1211, Dec. 19, 2013>